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The FDA Issues Warning Letters to Five Distributors of Pure Powdered Caffeine

By Chalana Williams on September 2, 2015
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The FDA is cracking down on distributors of pure powdered caffeine. On Tuesday, the agency released a statement announcing that it fully intends to “aggressively monitor the marketplace for pure powdered caffeine products and take action as appropriate.” This is no empty threat. Warning letters were issued to five distributors of the product on August 27th. The FDA found the products to be adulterated within the meaning of the Food, Drug, and Cosmetic Act because they contain amounts of caffeine that could be lethal to consumers, and require the use of a precise scale to distinguish a “safe serving from a potentially lethal amount.” As a result, the agency concluded that the products present “a significant or unreasonable risk of illness or injury under the conditions of use recommended or suggested in the labeling.”

Pure powdered caffeine products are 100% caffeine and a single teaspoon is the equivalent to approximately 25 cups of coffee. According to the FDA, there is a small difference between a safe amount and a toxic dose of pure powdered caffeine. Moreover, household measuring tools, such as teaspoons, lack the requisite precision to accurately measure the products. The products referenced in the warning letters contain hundreds or thousands of servings of the stimulant.

Two young men died in 2014 after using these products. After these deaths, the FDA issued a statement warning consumers of the products’ potentially harmful effects. However, the agency has experienced pressure to do more. Just last month, U.S. Senator Sherrod Brown (D-OH) and five other senators wrote a letter urging the FDA to ban the sale and marketing of powdered caffeine for retail use. Ohio has already enacted legislation to ban the sale of powdered caffeine in the state, where pure caffeine overdoses have been responsible for more than 200 hospital admissions, including five life-threatening cases in 2014.

The companies have 15 business days to respond to the warning letters. Retailers should think twice about selling these products.

Photo of Chalana Williams Chalana Williams

Chalana Williams is an associate in the firm’s Antitrust and Advertising & Product Risk Management groups. Chalana provides litigation and counseling services with a focus on consumer protection matters, as well as the substantiation and defense of advertising claims. She counsels clients on…

Chalana Williams is an associate in the firm’s Antitrust and Advertising & Product Risk Management groups. Chalana provides litigation and counseling services with a focus on consumer protection matters, as well as the substantiation and defense of advertising claims. She counsels clients on compliance with statutes and regulations enforced by the Consumer Product Safety Commission and the Federal Trade Commission. Chalana also has experience assisting both challengers and advertisers in disputes before the National Advertising Division (NAD). Her antitrust practice includes representing clients in inquiries by the Department of Justice and Federal Communications Commission, as well as representing clients seeking to recover damages in private antitrust litigation.

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  • Posted in:
    Administrative and Regulatory
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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